Virginia Notice to Terminate Periodic Tenancy (No-Cause)

VIRGINIA NOTICE TO TERMINATE PERIODIC TENANCY (NO-CAUSE)

TABLE OF CONTENTS

1. Notice Header and Recipients
2. Property and Tenancy Identification
3. Statutory Basis and Notice Period Selected
4. Termination Date
5. Demand to Vacate and Surrender Possession
6. Holdover Consequences
7. Move-Out Inspection and Security Deposit
8. Anti-Retaliation, VAWA, SCRA, and Fair Housing Notices
9. Reservation of Rights
10. Signature and Verification
11. Certificate of Service / Affidavit of Service
12. Virginia Practice Notes
13. Sources and References

1. NOTICE HEADER AND RECIPIENTS

TO: [TENANT FULL LEGAL NAME(S)]
[ALL ADULT OCCUPANTS / "AND ALL OTHERS IN POSSESSION"]
[RENTAL UNIT STREET ADDRESS]
[CITY], Virginia [ZIP CODE]

FROM: [LANDLORD / MANAGING AGENT NAME]
[LANDLORD MAILING ADDRESS]
[CITY], Virginia [ZIP CODE]
Telephone: [____________________]
Email: [____________________]

DATE OF NOTICE: [__/__/____]

2. PROPERTY AND TENANCY IDENTIFICATION

3. STATUTORY BASIS AND NOTICE PERIOD SELECTED

YOU ARE HEREBY NOTIFIED, pursuant to Va. Code § 55.1-1253, that the Landlord elects to terminate the periodic tenancy described above. The applicable notice period is (check ONE):

☐ 30 days — Month-to-Month Tenancy (§ 55.1-1253(A)). Notice is given at least thirty (30) days prior to the next rent due date.

☐ 7 days — Week-to-Week Tenancy (§ 55.1-1253(A)). Notice is given at least seven (7) days prior to the next rent due date.

☐ 60 days — Multifamily Nonrenewal (§ 55.1-1253(C)). The Landlord owns multifamily premises and is failing to renew the greater of twenty (20) or more month-to-month tenancies or fifty percent (50%) of the month-to-month tenancies within a consecutive 30-day period in the same multifamily premises. Notice is given at least sixty (60) days prior to allowing this tenancy to expire. (This 60-day notice does not apply if the Tenant has failed to pay rent in accordance with the rental agreement.)

☐ Other notice period contractually agreed under § 55.1-1253(A): [____] days, as set forth in Section [____] of the rental agreement (attach lease excerpt).

4. TERMINATION DATE

The rental agreement and your right to occupy the premises shall terminate at 11:59 P.M. on [__/__/____] (the "Termination Date"), which is at least the number of days specified above prior to the next rent due date and otherwise complies with Va. Code § 55.1-1253.

This Notice does not allege any breach of the rental agreement. The Landlord exercises the unilateral right to terminate a periodic tenancy as expressly authorized by § 55.1-1253(A).

5. DEMAND TO VACATE AND SURRENDER POSSESSION

You must:

(a) Quietly vacate the premises;
(b) Remove all persons and personal property;
(c) Return all keys, fobs, garage remotes, mailbox keys, and access devices to the Landlord at [DELIVERY ADDRESS]; and
(d) Leave the premises clean and undamaged beyond normal wear and tear,

on or before the Termination Date stated in Section 4 above.

6. HOLDOVER CONSEQUENCES

If you do not surrender possession by the Termination Date, the Landlord intends to file an action for unlawful detainer in the General District Court for [CITY/COUNTY] under Va. Code § 8.01-126 (Form CC-1410) seeking:

(a) Possession of the premises;
(b) Liquidated damages for holdover under Va. Code § 55.1-1253(B) of up to 150% of the per diem rent (or up to 100% for HUD-regulated units) for each day of unlawful occupancy;
(c) Reasonable attorneys' fees and court costs to the extent permitted by the rental agreement and § 55.1-1245;
(d) Any other relief authorized by law.

7. MOVE-OUT INSPECTION AND SECURITY DEPOSIT

Pursuant to Va. Code § 55.1-1226 (Security Deposits) and Va. Code § 55.1-1249 (Move-Out Inspection):

• You have the right to be present at a final move-out inspection. The Landlord must make reasonable efforts to schedule the inspection within the 72-hour period prior to the termination of the tenancy or your delivery of possession, whichever is later.
• The Landlord shall return any portion of the security deposit due to you, with an itemized statement of deductions, within 45 days after termination of the tenancy and delivery of possession (§ 55.1-1226(A)).
• Provide the Landlord with a forwarding address for return of the deposit:

Forwarding Address: [________________________________]

Move-Out Inspection Requested: ☐ Yes (please contact [PHONE/EMAIL] to schedule) ☐ No

8. ANTI-RETALIATION, VAWA, SCRA, AND FAIR HOUSING NOTICES

Non-Retaliation (Va. Code § 55.1-1258): This Notice is issued for legitimate business reasons unrelated to any complaint, lawsuit, tenant-organization activity, or court testimony by you. The Landlord does not retaliate against tenants who assert protected rights.

VAWA (34 U.S.C. § 12491): In federally assisted housing, an incident of domestic violence, dating violence, sexual assault, or stalking is not "good cause" for termination. Tenants who are victims may assert VAWA protections in writing.

SCRA (50 U.S.C. § 3951 and § 3955): If you are an active-duty servicemember, you may have rights to a stay of eviction proceedings, and you may have an independent right to terminate a residential lease on receipt of permanent change of station or qualifying deployment orders.

Fair Housing: This Notice is not based on race, color, religion, national origin, sex (including sexual orientation and gender identity), familial status, disability, source of funds, military status, or any other protected class under the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) or the Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.).

Federal Subsidized Housing (good-cause requirement): If the rental unit is subsidized under HUD project-based rental assistance, the Section 8 Housing Choice Voucher program, LIHTC compliance period, RAD, or other "good cause" regimes, this Notice is supplemented by the applicable federal good-cause grounds; please consult the lease addendum and HUD handbooks.

9. RESERVATION OF RIGHTS

The Landlord expressly reserves all rights and remedies under the rental agreement and Virginia law. The Landlord's acceptance of any rent during the notice period or thereafter shall be with full reservation of rights under Va. Code § 55.1-1250(B), and shall not waive the termination or the right to possession. Nothing in this Notice constitutes a waiver of any past, present, or future breach. The Landlord retains the right to pursue separate causes of action for damages and use and occupancy.

10. SIGNATURE AND VERIFICATION

Executed this [____] day of [MONTH], [YEAR].

_________________________________
[LANDLORD / MANAGING AGENT NAME]
[TITLE, IF AGENT]
[BUSINESS ADDRESS]
[TELEPHONE]
[EMAIL]

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF [____________________], to wit:

The foregoing Notice was acknowledged before me this [____] day of [MONTH], [YEAR], by [NAME OF SIGNER].

_________________________________
Notary Public
My commission expires: [__/__/____]
Registration No.: [____________________]

11. CERTIFICATE OF SERVICE / AFFIDAVIT OF SERVICE

I, [NAME OF SERVER], certify under penalty of perjury that on [__/__/____] at approximately [____ ☐ A.M. ☐ P.M.], I served the foregoing Virginia Notice to Terminate Periodic Tenancy upon the Tenant(s) named above by the following method (check all that apply):

☐ Personal service by hand-delivery to the Tenant at [ADDRESS].
☐ Substitute service upon a person of suitable age and discretion at the Tenant's usual place of abode (name: [____________________]; relationship: [____________________]).
☐ Posting in a conspicuous place at the leased premises after personal-service attempts on [__/__/____] and [__/__/____] failed.
☐ First-class U.S. Mail, postage prepaid, addressed to the Tenant at the rental unit and at any forwarding address known.
☐ Electronic mail to [EMAIL ADDRESS] under a written agreement authorizing electronic notice (§ 55.1-1202(B)).

_________________________________
[SIGNATURE OF SERVER]
[PRINTED NAME]
[TITLE / RELATIONSHIP TO LANDLORD]

12. VIRGINIA PRACTICE NOTES

1. Notice timing tied to next rent due date. Va. Code § 55.1-1253(A) requires the notice be served at least 30 days (monthly) or 7 days (weekly) before the next rent due date — not 30 days from issuance to any termination date the landlord chooses. Mistiming is a common defect.

2. Multifamily 60-day rule. § 55.1-1253(C) targets mass nonrenewals (e.g., redevelopment, conversion). The trigger is 20+ tenancies or 50% of M-to-M tenancies in a 30-day window in the same multifamily premises. Where applicable, the 60-day notice is mandatory.

3. No "good cause" requirement under VRLTA. Outside federally subsidized housing, Virginia does not require landlords to articulate cause for periodic-tenancy termination. However, fair-housing laws and § 55.1-1258 still apply, and source-of-income discrimination is independently barred under § 36-96.3.

4. Source-of-funds discrimination (§ 36-96.3). Effective July 1, 2020, "source of funds" (including Section 8 Housing Choice Vouchers) is a protected class under the Virginia Fair Housing Law. A no-cause termination motivated by the tenant's voucher use is unlawful.

5. Holdover damages. § 55.1-1253(B) authorizes liquidated damages of up to 150% of per diem rent (100% for HUD-regulated units) when the tenant unreasonably holds over. Plead the daily rate clearly in any subsequent unlawful detainer.

6. Recodification (2019). Title 55.1 superseded Title 55. Notices citing former § 55-248.37 are technically defective.

7. Local good-cause and just-cause ordinances (limited). Virginia preempts most local rent regulation under § 55.1-1202, but localities (Richmond, Alexandria, Arlington) maintain rental-assistance and fair-housing ordinances that may interact with no-cause notices.

8. Federally subsidized housing. HUD project-based housing, Section 8 Housing Choice Vouchers, LIHTC during compliance, and RAD generally require good cause to terminate even after the initial term. Confirm program rules before issuing a no-cause notice in subsidized housing.

9. Forum after notice. File the unlawful detainer in General District Court (Form CC-1410). Concurrent Circuit Court jurisdiction lies only when the amount sought exceeds $25,000 (§ 16.1-77). The summons must be served at least 10 days before the return date and the initial hearing must occur within 21 days of filing (or up to 30 days if scheduling requires).

13. SOURCES AND REFERENCES

• Va. Code § 55.1-1253 — Periodic tenancy; holdover remedies: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1253/
• Va. Code § 55.1-1226 — Security deposits: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/
• Va. Code § 55.1-1249 — Move-out inspection: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1249/
• Va. Code § 55.1-1258 — Retaliatory conduct prohibited: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1258/
• Va. Code § 55.1-1243.2 — Self-help eviction barred: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1243.2/
• Va. Code § 55.1-1250 — Acceptance of rent with reservation: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1250/
• Va. Code § 8.01-126 — Summons for unlawful detainer: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-126/
• Va. Code § 36-96.1 et seq. — Virginia Fair Housing Law: https://law.lis.virginia.gov/vacodefull/title36/chapter5.1/
• Virginia DHCD, Statement of Tenant Rights and Responsibilities: https://www.dhcd.virginia.gov/landlord-tenant
• Virginia Judicial System Forms (CC-1410): https://www.vacourts.gov/forms/district/home.html
• HUD Handbook 4350.3 — Occupancy Requirements of Subsidized Multifamily Housing Programs